The tracking work time, mandatory by law since 2019, is a regulation that should be introduced to employees clearly and transparently. This way, professionals can correctly record their working hours, and companies can maintain control over the working hours of all their employees.
Royal Decree-law 8/2019, of March 8, on urgent measures for social protection and the fight against job insecurity during working hours, establishes the time control regulation in companies. The objective is to ensure minimum and sufficient socioeconomic conditions for a dignified survival for workers, requiring them to record their working hours for compliance and remuneration.
If a company fails to comply with the time control law, it will be subject to fines according to the severity of the infringement. Minor fines range from 60 to 625 euros, usually imposed when the company does not inform employees about working conditions, limiting their knowledge of the registered working hours.
Severe fines vary between 625 and 6,250 euros, imposed when workers do not report or are not paid for overtime worked. The most severe fines range from 6,250 to 187,515 euros, imposed when an employee has worked more than 80 hours of overtime or when overtime is not correctly recorded or performed by workers under 18 years old.
The law outlines different variables to determine exactly when and who must record working hours, giving companies the freedom to choose the preferred solutions or strategies for tracking employee hours.
5 keys to controlling working hours
How to control compliance with working hours? While it is important to have a digital tool that covers time tracking, provides necessary data and reports, and respects workers’ rights (such as privacy and digital disconnection), it is also essential that all organization members know the basic keys and guidelines to ensure compliance with working hours.
Identifying the company’s needs
Before choosing a tool or software for tracking work time, it is important to carefully study the company’s needs, work models, and established level of work flexibility, considering the activity and business sector while respecting employee rights.
This will help evaluate the implementation of a solution that generates the least impact on productivity and economic profitability while ensuring compliance with working hours control and proper recording according to legal regulations.
Finding an appropriate tracking work time solution
As previously mentioned, the time tracking law gives companies the freedom to decide on the most suitable method or solution for time control.
Once the company has studied its needs, it can decide whether to use time clock machines, fingerprint registration systems, Excel templates, mobile applications, or time tracking software. The latter is the most recommended and complete option since the registration is done automatically from company devices, keeping reports and hour tracking up to date.
The ideal method or solution should allow objective recording and maintain reports that ensure the reliability and invariability of the recorded data, whether manually or digitally:
- Manual time tracking: Requires the employee to register their working hours daily using a template, including start time, breaks, end time, and signature. The company must break down working hours, including overtime or additional hours for part-time work.
- Digital time tracking: Done through time tracking software or an application allowing daily check-ins from work devices.
These tools provide the required information objectively and in real-time to meet the specified registration requirements. As a digital solution, it eliminates the need for employees to sign a document or template since the system recognizes the employee to whom the work hours are attributed, allowing the company to justify the worker’s involvement in the selected digital alternative.
Daily tracking work time
Companies must ensure compliance with working hours through the daily registration of each employee’s working hours, including full start and end times once the workday is concluded. This record should include breaks and pauses to ensure effective digital disconnection and promote the mental and physical well-being of employees. It is crucial to note that daily registration is the company’s responsibility, which must ensure employees complete it.
Facilitating access to time tracking information
It is important to note that during a labor inspection, the labor inspector will require an updated record with information on all company personnel. This information must be easily accessible, regardless of the physical location inspected.
Assigning a tracking work time supervisor
Regardless of the chosen time tracking solution, it is advisable to designate an internal supervisor, either by department or directly from the HR department, to oversee and control compliance with working hours and proper recording. The responsible person will ensure the process is carried out correctly and manage any issues that arise.
Employees should also be aware of this tracking work time supervisor to address any doubts, corrections, justified modifications, or recording omissions.
What are the logging reports required to comply with tracking work time according to the law?
Once the solution covering the company’s specific needs has been established, and a time tracking supervisor has been designated, it is clear that the law requires maintaining two types of updated time tracking reports.
Daily tracking work time report
According to articles 12.4 and 35.5 of the Workers’ Statute, each employee is required to keep a daily record of working hours, whether on a part-time or full-time contract, and whether or not overtime is performed.
Monthly tracking work time report
The company is obligated to prepare a monthly summary for each worker with all daily tracking information. This document is usually an annex to the employee’s payslip and can be provided in paper or electronically, ensuring the document’s receipt.
This report must also be provided to the Workers’ Legal Representation and kept for four years, as it will be requested during an inspection.
Once the key guidelines for controlling working hours and correctly recording time are clear, it is important to enhance internal strategies to keep employees motivated and encourage them to habitually comply with their time tracking, allowing the company to meet its legal obligations.
